Legal Opinion

Case v. Allen

Supreme Court of Arkansas

Decided July 15, 1878PublishedCited by 32 opinions

Error from Morris District Court. Replevin, brought by Allen, against R. Case, to recover possession of certain cattle. R. Case died before a trial was had, and F. 8. Case, his administrator, was substituted in said cause. The district court, at April Term, 1877, gave judgment in favor of plaintiff, and Case, defendant, brings the case here on error. The facts are fully stated in the opinion, infra.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

October 25th, 1875, one Forseman sold certain cattle to P. S. Roberts, and, to secure the payment, took a chattel mortgage on the cattle. This mortgage was filed for record in the office of the register of deeds of Morris county, November 2,1875. The stipulation in the mortgage wfis: *

“That if default shall be made in the payment of said sum of money, or any part thereof, or of the interest due thereon at the time or times when by the condition of said obligation the same shall become payable, or if the said party of the second part shall at…

2Cases cited3 opinions

  1. Bissell v. . PearceNew York Court of Appeals · 1863
  2. Brown v. HolmesSupreme Court of Kansas · 1874
  3. Colquitt & Baggs v. KirkmanSupreme Court of Georgia · 1873

3Cited by32 opinions

  1. H. R. E., B. & B. Ass'n v. CochranTexas Supreme Court · 1884
  2. Mortgage Securities Co. v. PfaffmannCalifornia Supreme Court · 1917
  3. Smith v. StevensSupreme Court of Minnesota · 1886
  4. Hanch v. RipleyIndiana Supreme Court · 1890
  5. Wright v. ShermanSouth Dakota Supreme Court · 1892

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